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It’s mid-May and while some states’ legislatures are still in session, other’s have already debated new legislation, voted, and adopted new laws. This week, we talk with one Senator from Arkansas who, along with her colleagues, are interested in bringing better broadband to rural areas of her state, Breanne Davis.

During the 2019 session, she introduced SB 150, which was ultimately adopted. The bill makes slight changes in Arkansas law that prevent local communities from developing infrastructure to be used for broadband. She and Christopher discuss why she and her colleagues decided it was time to ask lawmakers for the change after years of depending on large ISPs who weren’t living up to promises to expand broadband in rural areas.

Christopher and Senator Davis discuss some of the details of the bill and address the amendments that changed a broad piece of legislation to a targeted law that allows local communities to apply for federal grant funding. She explains some of the reasons for the amendments and how those changes fit into the vision she and her colleagues in the legislature have for the future of Arkansas.

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This show is 21 minutes long and can be played on this page or via iTunes or the tool of your choice using this feed. You can listen to the interview on this page or visit the Community Broadband Bits...

Earlier this month, we learned about a Senate bill in the Arkansas State Legislature that, in it’s original form, would have rescinded state restrictions preventing many municipalities from improving local connectivity. After amendments, SB 150 lost most of its effectiveness, but the bill that became law this week is still a small step in the right direction for a state where the rate of broadband connectivity is some of the lowest in the country.

Beginning Promise

For years, Arkansas has been one of the states that doesn’t allow government entities from providing broadband services to the public. The ban specifically disallowed “directly or indirectly, basic local exchange, voice, data, broadband, video, or wireless telecommunication service.” There has always been an exception to the ban for communities that have their own electric or cable utilities and want to offer telecommunications services. No municipality may offer basic exchange service, interpreted as telephone service.

Only a few communities have taken advantage of the legal exception, such as Paragould, Clarksville, and Conway. In recent years, electric cooperatives are deploying in rural areas, but many of the state’s rural residents rely on DSL, fixed wireless, and satellite. In the few more populous communities, there may also be scattered cable connections available.

Even though large incumbent ISPs have collected federal grant funding in the past, deployment in Arkansas has been inadequate to connect all Arkansans. According to the FCC, connectivity to households is near the bottom of the list.

SB 150 is one of several bills introduced by the Republican Woman’s Legislative Caucus as part of their “Dream Big” initiative. Other bills in the initiative...

*Update: After amending the bill significantly, SB 150 passed through the Arkansas Senate to the House. We were initially excited because the original version of the bill reinstated local authority to develop publicly owned broadband networks. The amendment adopted in Committee, however, changed the bill to only allow communities that apply for and receive grants and loans to invest in community networks and only to specific areas and at the speeds defined in those grants and loans. We still consider it a step in the right direction, but the move forward is miniscule. Read the amended bill here.*

This session, a new force in the Arkansas State Legislature — the Republican Women’s Legislative Caucus — has decided that they’ll take on the issue of poor connectivity. As part of their “Dream Big” initiative, they’ve introduced SB 150, a bill to restore local telecommunications authority.

"Dreaming Big" Means Bigger Broadband

The bill was introduced on January 23rd along with a suite of four other bills aimed at a variety of issues, including juvenile justice and education. Senator Breanne Davis of Russellville is the lead sponsor of SB 150, which would repeal restrictions preventing communities from developing broadband networks. Current law has an exception for communities that have a municipal electric utility but if SB 150 is adopted, any government entity will be able to offer high-quality connectivity.

Legislators are focusing on opportunities for local communities to partner with private sector ISPs as a way to solve some of the poorest access to broadband in the country. They're also emphasizing that, if no partner wants to work with a government entity, this bill will allow a city, town, or county to invest on their own.

“About 40% of Arkansans don’t have access to broadband as defined by the FCC, so we decided to change that,” she said. “Our bill simply lifts the ban on cities and counties being able to either partner in a public-private partnership or go out on their own when no one will partner with them and apply...

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It is inherently dangerous to a democracy for all of its telecommunications infrastructure to be held in the hands of unelected and unaccountable private actors with no obligation to behave in a nondiscriminatory manner. Municipal networks by their nature answer directly to the local community and their policies are subject to scrutiny and modification by public action, if need be at the ballot box. The preservation of a system of mixed public and private ownership of telecommunications infrastructure is essential to maintaining the free flow of information unfettered by the economic interests of dominant private actors. ,